USA > Massachusetts > Middlesex County > Somerville > Report of the city of Somerville 1881 > Part 13
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23 COURT STREET, BOSTON, Dec. 28, 1881.
To the Committee on Claims :
GENTLEMEN, - I have received your favor of the 13th inst., requesting me to report to you for presentation to the City Council a statement of lawsuits that have been settled during the year, and of all suits now pending. I beg leave to reply as follows :
Of the twenty-one cases reported by me as pending Dec. 17, 1880, the following have been disposed of during the year : -
1 to 7. Seven suits of William S. Stearns et al., before the Commissioners of Middlesex County, for abatement of taxes for the year 1875, were dismissed Jan. 11, 1881.
8. The case of City of Somerville in Equity v. North et al., in the Supreme Judicial Court for Middlesex County, has been discon- tinued without costs to the city, the subject matter of the suit having been adjusted.
9 and 10. The two cases of Clark Bennett v. City of Somerville, one for revision of public-park betterment assessments and the other for revision of Chauncey Avenue betterment assessments, were tried June 21 to 24, and argued June 27, 1881, resulting in a reduction of the assessments. These cases close the list of park and street assessments, and I am happy to add that there is not now a betterment-assessment case on the city docket. It should, however, be added that the matter of costs in the Reed case, amounting to $674.60, referred to in my last report, still remains unadjusted, for reasons beyond my control ; but as the executions for their enforcement, which were wrongfully taken out by the petitioners, have since my last report "run out," it gives me pleasure to say that I have so arranged matters that no new ones will be issued until the petitioners are willing to deal fairly by the city, in submitting the taxation of costs to the court.
253
11. The case of Clark Bennett, petitioner for certiorari to quash the Chauncey Avenue betterment assessments, was dismissed Jan. 1, 1881, as I intimated in my last annual report I expected would be clone.
12. The case of the Cambridge Gas Light Company v. The City of Somerville, for loss of gas and damage to gas-pipe during the construction of the West Somerville sewer, was concluded March 24, 1881, by entry of judgment in favor of the city.
13. The case of Roach v. Somerville, for personal injuries received on Somerville Avenue, was argued in the Supreme Court, at Boston, March 7, 1881, and has since been decided in favor of the city.
14. The case of Rouse v. Somerville, for personal injuries near the Fitchburg Railroad on Washington Street, was argued Jan. 20, 1881, before the Supreme Court at Boston, who have since that time rendered a decision in favor of the city.
15. The suit of Sargent v. Boynton, to recover taxes for the year 1878, was decided in favor of the city, and the tax has since been paid.
The following cases are at present pending against the city : -
1. Willard Dalrymple v. City of Somerville. Petition before County Commissioners of Middlesex County, for abatement of sewer assessment on Medford Street. Since receiving your favor of the 13th inst., I have been assured by the petitioner's counsel that he can see no reason why the suit should be pursued, and will recommend his client to withdraw the same.
2. City of Somerville, for bridges, etc., v. The Boston and Lowell Railroad. In this case I have been informed that plans for a new bridge over School Street have been prepared, and several confer- ences had between certain officers of the railroad and the city ; but the annual appropriations of the city for the past year did not con- template any improvement at this point to which the city would contribute, and it has not been deemed advisable to test at present the question as to whether the railroad can be compelled by law to widen its present bridge and approaches at this place at its own expense, - a question which, so far as I know, has never been de- cided in this Commonwealth.
254
3. In the case of Somerville v. the Fitchburg Railroad, for grade crossing at Sacramento Street, I have no report to make different from that in my last annual communication, to which I beg leave to refer you.
4. The case of the city v. the Fitchburg Railroad, for better protection of public travel at the junction of that road with Somer- ville Avenue, Linwood and Fitchburg Streets, has been heard before the County Commissioners, who are to enter forthwith, by agreement of parties, an order directing the erection of gates at that place ; with which order the railroad has signified its willing- ness at once to comply, at its own expense. The City Engineer has approved the plans for that purpose, submitted to him by the civil engineer of the railroad.
5. The case of Parker (trustee of the Klous estate) in equity v. Somerville, in the Supreme Judicial Court for Middlesex County, to prohibit the continuance of an alleged nuisance growing out of the construction of the Canal Street sewer, has not been advanced by the petitioner for hearing, during the present year. There is no such advantage resulting to the city from the prosecution of a suit of this character as to make it my duty to press the same to a conclusion.
6. The suit of Parker, trustee of Klous estate, v. Somerville, before the Middlesex County Commissioners, for land damages, in the same matter as next above, stands in the same condition.
7. Sanborn v. Somerville. Action for grade damages on Washington Street, near Fitchburg Railroad, is upon the present trial list of the Superior Court at Cambridge, and has been passed temporarily on account of the illness of petitioner, who resides in New York. The plaintiff's counsel is also seeking meanwhile to verify certain facts which are set up in defence. If he finds them to be true, as alleged by the city, he admits his client cannot pre- vail, and that he shall recommend a withdrawal of the suit. It will be my effort not to allow this case to go over the term, unless Mr. Sanborn's illness continues.
8. Squire v. Somerville. The plea in abatement in this case was argued by me May 4, and again May 18, 1881, before the Superior Court at Boston. The plea was sustained, and an order
255
passed transferring the cause to the Superior Conrt in Middlesex County. It is upon the present trial list, and will probably be referred to an auditor when reached, as was recently done with the similar case of Squire v. Cambridge in the Suffolk Superior Court.
9. William Sullivan v. Somerville. This is an action of contract brought in the name of William Sullivan, but for the use and benefit of Daniel F. McCarty and Mary Ann McCarty, upon an assignment of Sullivan to them, dated Jan. 3, 1877, of certain moneys to become due the said Sullivan upon the contract with the city for building the West Somerville sewer. It is claimed that the sum of $15,000 was due the McCartys under this assignment, which the city has failed to pay them. The case was brought in the Superior Court at Salem, but I have by affidavit provided for its removal into the Supreme Court which comes in at Salem in April next.
10. The suit of Cunningham v. Somerville, for personal injuries on Washington Street at the foot of Boston Street, is on the pres- ent trial list at Cambridge, and will be tried when reached.
There have been concluded during the year two other cases that have arisen during the year ; to wit, the petition of Reed et al. v. Somerville, before the Middlesex County Commissioners, to com- pel the city to grade and construct Middlesex Avenue ; and the suit of the city against Haskell, to recover for support of defend- ant's wife by the Overseers of the Poor, - in both of which cases a decision was made in favor of the city.
During the year I have attended the sessions of your committee, at which the following claims for compensation for damages to per- son and property have been presented, to wit : -
Of H. H. Gilmore, for damages growing out of a collision between hose carriage and his team, on Webster Avenue.
Of Ida F. Boynton, for personal injuries on Broadway. Of Susan L. Taylor. for personal injuries on Brooks Street. Of Sprowell Pease, for personal injuries on Summer Street. Of T. Cunningham, for personal injuries on Washington Street. Of Thomas Curtis, for personal injuries on Webster Street.
Of J. H. Stevens, for damage to horse and wagon on Wallace Street.
256
In one of these cases, that of J. H. Stevens, I advised a settle- ment ; and it was settled, as I understand, by his Honor the Mayor for the sum of $25, as authorized by the City Council.
In all the others, for various reasons that I need not here enumer- ate, I advised you that in my opinion the city could not be held liable ; and with but a single exception (that of Cunningham v. Somer- ville), the petitioners seem so far to have acquiesced in your dispo- sition of their cases.
Respectfully submitted,
SAMUEL C. DARLING, City Solicitor.
ANNUAL REPORT OF THE CITY CLERK.
Annual report of the receipts of his office for the year ending Dec. 31, 1881 ; also the registration of marriages, births, and deaths for the period ending Dec. 31, 1881.
RECEIPTS ENDING DEC. 31, 1881.
223 marriage certificates issued in 1881,
$111 50
43 junk licenses issued in 1881,
86 00
200 swine . . 6 66
200 00
23 goat 66
23 00
12 grease 66 66
24 00
10 liquor 66 66
10 00
6 auctioneers' licenses issued in 1881,
12 00
Fees for licensing dogs in 1881, 105 20
Recording mortgages and assignments, and copies of records, 167 35
$739 05
All of which has been paid to the city treasurer, and his receipt taken for the same.
MARRIAGES.
Number of intentions issued in 1881, 223
Less than last year, 3
Marriages registered in 1881, 222
NATIONALITY OF THOSE REGISTERED.
Both parties American, 116
Both parties foreign, 44
American groom and foreign bride, 30
Foreign groom and American bride,
32
222 couples.
17
258
First marriage of
388 persons.
Second 66
54
66
Third 66
2
= 222 couples.
444
Oldest person married,
63
Youngest " 66
17
BIRTHS.
Number of births registered in 1881,
664
More than last year,
46
Males,
359
Females,
305
Born of American parents,
318
foreign parents, 215
06 American male and foreign female,
41
66 foreign male and American female, 60
Number of cases of twins, 6
DEATHS.
Number of deaths in Somerville in 1881,
459
More than last year,
31
Number of males,
247
" females,
212
Under 10 years of age,
214
Between 10 and 20,
25
66 20 “ 30,
34
66 30 " 40,
22
40 "' 50,
37
66 50 60,
37
66 60 86 70,
35
.. 70 " 80,
34
66 80 " 90,
19
Unknown,
2
Oldest person deceased, eighty-nine years and nine months.
459
259
NATIONALITY.
Born in Somerville,
170
Other places in United States,
182
Of foreign birth, Unknown,
102
5
459
Number of deaths returned by the undertakers was 459, and occurred as follows : -
January,
40
July, 42
February,
31
August,
50
March,
43
September,
34
April,
36
October,
55
May,
25
November,
32
June,
32
December,
39
459
For classification of diseases, see Report of Board of Health.
CHARLES E. GILMAN, City (lerk.
REPORT OF THE
COMMITTEE ON SOLDIERS' RELIEF.
CITY OF SOMERVILLE.
IN BOARD OF ALDERMEN, Dec. 30, 1881.
Report accepted and referred to the next city government, to be printed in the Annual Reports. Sent down for concurrence.
CHARLES E. GILMAN, Clerk.
Concurred in. IN COMMON COUNCIL, Dec. 30, 1881. DOUGLAS FRAZAR, Clerk.
CITY OF SOMERVILLE.
To the City Council of the City of Somerville :
Your Committee on Soldiers' Relief respectfully submit the fol- lowing report for the year ending Dec. 31, 1881, to wit : --
Total amount of appropriation,
$1,000 00
January bills approved,
$43 88
February
66
130 47
March
109 09
April 66
98 93
May
66
43 31
June 66
45 75
July
66
42 85
August 66 66
46 00
September 66
61 72
October
70 00
November
66
49 25
December 66
155 00
Total amount disbursed, 896 25
Unexpended balance,
$103 75
Relief has been extended to forty-seven soldiers and their dependants in necessitous circumstances.
Respectfully submitted, MARTIN BINNEY, Clerk. CALEB A. PAGE, Chairman.
CITY GOVERNMENT FOR 1882.
MAYOR. JOHN A. CUMMINGS. Residence, 16 Wallace Street ; Office, City Hall.
ALDERMEN. WILLIAM E. WELD, President.
WARD ONE.
MARK F. BURNS
ELIJAH C. CLARK .
WARD TWO.
J. FRANK WELLINGTON
.
CALEB A. PAGE
.
WARD THREE.
J. LELAND NORCROSS
THOMAS R. ROULSTONE .
WARD FOUR.
ASA DURGIN .
WILLIAM E. WELD
.
Perkins Street. Ellsworth Street.
Pleasant Avenue. Union Square.
Marshall Street. Bonair Street.
Broadway.
Harvard Street.
COMMON COUNCIL. ALBION A. PERRY, President.
WARD ONE.
LEVI F. S. DAVIS
Pearl Street.
HIRAM G. JANVRIN
MOSES G. STEELE . . .
CHARLES E. GILES .
.
.
. Pickney Street.
Rush Street. Webster Street.
266
WARD TWO.
CLARENCE P. WESTON
MARTIN BINNEY .
·
FREDERICK M. STODDER
.
.
FRANK E. FITTS
Pleasant Avenue.
WARD THREE.
ALBION A. PERRY
Evergreen Avenue.
HENRY M. BEALS .
Maple Avenue.
HIRAM D. SMITH .
PHILIP O. WOODBERRY .
Cross Street. Adams Street.
WARD FOUR.
J. LORENZO ATTWOOD .
Elm Street.
IRVING L. RUSSELL
RICHARD T. BLACKWELL
SAMUEL T. RICHARDS .
.
Broadway.
Kent Court.
Summer Street.
JOINT STANDING COMMITTEES FOR 1882.
ACCOUNTS. - Aldermen Weld, Wellington ; Councilmen Janvrin, Woodberry, Attwood.
BURIAL GROUNDS. - Aldermen Durgin, Roulstone ; Councilmen Stodder, Steele, Russell.
CITY ENGINEERING. - Aldermen Durgin, Norcross ; Councilmen Steele, Russell, Fitts.
CLAIMS. - His Honor the Mayor, ex officio; the president of the Common Council, ex officio ; Alderman Burns ; Councilmen Weston, Janvrin.
FINANCE. - His Honor the Mayor, ex officio; the president of the Common Council, ex officio; Aldermen Burns, Weld; Council- men Weston, Davis, Smith, Fitts.
FUEL AND STREET LIGHTS. - Aldermen Page, Durgin ; Council- man Giles, Woodbury, Stodder.
FIRE DEPARTMENT. - Aldermen Page, Roulstone ; Councilmen Davis, Stodder, Blackwell.
HIGHWAYS. - Aldermen Durgin, Wellington ; Councilmen Steele, Smith, Russell.
Union Square.
Dane Street.
Grand View Avenue.
267
ORDINANCES. - Aldermen Burns, Norcross ; Councilmen Wes- ton, Smith, Attwood.
PUBLIC PROPERTY. - Aldermen Clark, Wellington ; Councilmen Beals, Richards, Giles.
PRINTING. - Aldermen Weld, Roulstone; Councilmen Fitts, Beals, Janvrin.
SOLDIERS' RELIEF. -- Aldermen Roulstone, Clark ; Councilmen Stodder, Woodberry, Blackwell.
WATER. - Aldermen Norcross, Burns; the president of the Common Council ; Councilmen Fitts, Richards.
STANDING COMMITTEES OF THE BOARD OF ALDERMEN.
SEWERS. - Aldermen Norcross, Burns, Weld.
ELECTIONS. - Aldermen Wellington, Durgin.
ENROLLED ORDINANCES. - Aldermen Clark, Page. LICENSES. - Aldermen Wellington, Norcross.
POLICE. - His Honor the Mayor, ex officio; Aldermen Clark, Norcross.
STATE AID. - Aldermen Roulstone, Page, Weld, Clark.
OF THE COMMON COUNCIL.
ELECTIONS AND RETURNS. - Councilmen Fitts, Blackwell, Steele.
ENROLLED ORDINANCES AND RESOLUTIONS. - Councilmen Davis, Stodder, Beals.
CITY CLERK AND CLERK OF BOARD OF ALDERMEN.
CHARLES E. GILMAN ; Office, City Hall.
CITY TREASURER AND COLLECTOR OF TAXES. JOHN F. COLE ; Office, City Hall.
CITY MESSENGER.
JAIRUS MANN ; Office, City Hall.
268
CITY ENGINEER. GEORGE A. KIMBALL, Office, City Hall.
CITY SOLICITOR. SAMUEL C. DARLING ; Office, 18 Rogers Building, Boston.
CITY PHYSICIAN. THOMAS M. DURELL, 14 Bow Street.
CLERK OF COMMON COUNCIL. DOUGLAS FRAZAR.
CLERK OF ASSESSORS AND COMMITTEES. GEORGE I. VINCENT ; Office, City Hall.
CITY AUDITOR. DOUGLAS FRAZAR ; Office, City Hall.
CHIEF OF POLICE. MELVILLE C. PARKHURST, Police Station, Bow Street.
SUPERINTENDENT OF STREETS.
JOHN P. PRICHARD, 10 Cutter Street; Office, City Hall.
CHIEF ENGINEER OF FIRE DEPARTMENT. JAMES R. HOPKINS ; Office, City Hall.
ASSISTANT ENGINEER OF FIRE DEPARTMENT.
NATHANIEL C. BARKER
Ellsworth Street.
SUPERINTENDENT OF SCHOOLS.
JOSHUA H. DAVIS
Myrtle Street.
269
INSPECTOR OF BUILDINGS.
DAVID A. SANBORN
Prospect Street.
BOARD OF HEALTH.
GEORGE A. KIMBALL, Chairman . Office, City Hall.
THOMAS M. DURELL
Office, Bow Street.
GEORGE C. SKILTON .
·
Office, Walnut Street.
GEO. I. VINCENT, Clerk
Office, City Hall.
W. H. BRINE, Inspector
Office, City Hall.
MYSTIC WATER BOARD.
EDWARD FOOTE, President . Broadway.
EDWIN S. CONANT, Clerk
Pearl Street.
WESLEY C. CRANE
Summer Street.
A. R. COOLIDGE . .
Columbus Avenue.
J. O. HAYDEN .
Spring Street.
SUPERINTENDENT OF WATER WORKS. NATHANIEL DENNETT ; Office, Prospect Street, corner of Somerville Avenue.
COMMISSIONERS OF THE SINKING FUNDS.
NATHAN TUFTS. HENRY F. WOODS. JOHN A. HUGHES. AARON SARGENT, Treasurer.
TRUSTEES OF THE PUBLIC LIBRARY.
REV. H. H. BARBER, President. CHARLES S. LINCOLN. J. HENRY FLITNER, Secretary. THOMAS J. BUFFUM. W. G. TOUSEY. WM. H. BRINE. WILLIAM VEAZIE. C. E. RYMES.
EDWIN S. CONANT.
LIBRARIAN. MISS HARRIET A. ADAMS.
270
ASSISTANT LIBRARIAN. MISS LIZZIE A. STEVENS.
PRINCIPAL ASSESSORS.
THOMAS CUNNINGHAM, Chairman .
Oak Street.
STILLMAN H. LIBBY
. Elm Street.
GEORGE W. HADLEY .
Perkins Street. GEORGE I. VINCENT, Clerk; Office, City Hall
ASSISTANT ASSESSORS.
DANIEL BROOKS, Ward One . Ellsworth Street.
B. F. THOMPSON, Ward Two
.
Summit Avenue.
R. A. MELVIN, Ward Three . . . . Bonair Street.
W. A. MUZZEY, Ward Four
.
Newbury Street.
OVERSEERS OF POOR. JOHN A. CUMMINGS, Mayor, Chairman ex officio. ALBION A. PERRY, President Common Council, ex officio. ANSEL LEWIS Webster Street ; Office, Police Station.
FRANK G. WILLIAMS Albion Street ; . 6
66 66
THOMAS CUNNINGHAM, Sec'y, Oak Street ;
66 66
CONSTABLES.
JAIRUS MANN.
ROBERT R. PERRY.
HORACE B. RUNEY.
NEWELL F. CASWELL.
CHAS. C. FOLSOM.
WM. H. BRINE.
WM. D. HAYDEN.
FRANK G. WILLIAMS. SAMUEL R. Dow. C. C. CAVANAGH. ANSEL LEWIS. JOSEPH J. GILES.
JOHN S. MCADOO. 1
FIELD DRIVERS.
CHARLES C. FOLSOM. JOHN E. FULLER. JOHN HAFFORD. P. W. SKINNER.
JUDSON W. OLIVER. GEORGE A. BODGE. GEORGE W. BEAN. SAMUEL R. Dow.
DENNIS KELLY.
271
FENCE VIEWERS.
DAVID A. SANBORN. WARREN POLLARD. CHARLES D. ELLIOT.
POUND KEEPER. CHARLES A. SMALL.
SEALER OF WEIGHTS AND MEASURES. NOAH HARDING, Sycamore Street.
SURVEYORS OF WOOD, BARK AND LUMBER.
ANSEL LEWIS.
SAMUEL T. LITTLEFIELD.
SURVEYOR OF STONE WORK. JAMES R. HOPKINS.
SURVEYOR OF STONE, BRICK, AND PLASTER WORK. ALFRED M. SIBLEY.
SURVEYOR OF MECHANICS' WORK. CHARLES I). ELLIOT.
PUBLIC WEIGHERS.
D. W. DANFORTH.
PATRICK O'BRIEN. JOHN C. COUSINS.
UNDERTAKERS.
HORACE B. RUNEY. A. L. SANBORN. WILLIAM A. FLAHERTY. P. H. RAFFERTY. MARSH & Co.
PATRICK RAFFERTY. H. D. RUNEY.
272
POLICE DEPARTMENT. M. C. PARKHURST, Chief.
S. R. Dow, Sergeant. R. R. Perry, Captain.
C. C. Folsom, Sergeant.
N. F. Caswell.
P. W. Skinner.
C. C. Cavanagh.
S. A. Brown. John Hafford.
S. C. Rollins.
Ivan Laighton.
- John E. Fuller. Howard Lowell.
M. H. Kinsley.
F. W. Slade.
A. L Staples.
I. S. Campbell. Edward McGarr. J. B. Young.
J. W. Oliver.
G. A. Bodge. Dennis Kelly.
Albert Fisk.
George W. Bean.
M. C. Parkhurst, Lock-up Keeper.
1
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